Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- (Bharatiya Sakshya Adhiniyam, 2023, S.104) - Suit for declaration of title - Burden of proof is always on plaintiffs to prove title by adducing cogent evidence to satisfaction of Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - When suit for declaration was filed based on title to suit property in favour of plaintiffs ancestors and so after them in plaintiffs, plaintiffs had to prove the title of their ancestors to suit property by adducing cogent evidence of title...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Appellant needed money to get his jeep back and for this purpose he looted tractor by killing driver to arrange money - However, there is no further evidence on record to prove that after looting tractor and committing alleged murder of deceased he has..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - PW7/doctor who had conducted postmortem of dead body of deceased specifically stated that three incise wounds were found on the dead body of deceased - Though, PW7 has stated that injury sustained by deceased could possibly be caused by stone which was shown to him by Constable as well as sticks shown to him -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
